ILMA Compoundings - May 2020 - 15

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K-BPR
Concurrent with the K-REACH existing chemical registration process, the biocides division of the South Korean
Ministry of Environment has begun the registration process
under K-BPR. At the present time, only South Korean
entities are permitted to submit registrations under K-BPR.
Non-South Korean exporters of biocides to the South
Korean market are currently limited to initiating registration
through their corresponding South Korean importer.
Parties that submitted timely pre-notifications through
their corresponding South Korean importers have secured
continuing market eligibility for their product and for their
importer that continues until the prescribed registration
deadline. This market eligibility and corresponding registration deadlines vary by category of biocidal substance, some
of which extend until 2030.
In March, the Ministry of Environment announced a variety
of details regarding the registration process. Among these details,
the regulator advised that it intends to amend the process to
allow non-South Korean entities (exporters to South Korea) to
register biocides substances directly through an only-representative structure. The Ministry of Environment identified that this
change is intended to be in place on or shortly after Jan. 1, 2021.
The announcement did not indicate whether current
K-REACH only representatives would be included as of
K-BPR registrations. Several of the current K-REACH only
representatives have indicated an ambition for authorization
under K-BPR, as well. However, differences in registration
process and possible concerns about subject matter

credentialing for biocides representation might cause the
Ministry of Environment to require competency affirmation
by only representatives seeking eligiblity.
Similarly, the announcement did not make clear whether
the non-South Korean entities would be permitted to submit
late pre-notifications (similar to the pre-notifications afforded
to South Korean entities). Absence of this provision would
prevent exporters from continuing market participation
during the "grace periods" currently enjoyed by South Korean
entities. Given the likely impact of that disparity, many
expect the agency to allow late pre-notifications by non-South
Korean entities, to allow equal footing and market access.
As seen in the early days of K-REACH implementation,
many of the policy changes that are currently experienced
in the context of K-REACH and K-BPR foster the need
for structural enhancement within the Ministry of Environment. This agency has undergone substantial change,
including structural modification (subdivision) already
concerning K-REACH processes alone. More structural
enhancement, including more subdivision, are likely as both
K-REACH and K-BPR mature. Along the way, the burden
to monitor these changes will be on industry participants,
particularly those that are non-South Korean entities.
Eggenschwiler, an ILMA consultant, is an international
trade attorney and principal, global trade and chemical
regulations services, for the Redstone Group, a Trinity
Consultants company. He can be reached at
614-923-7472 or jeggenschwiler@redstonegrp.com

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ILMA Compoundings - May 2020

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